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A study on the legal protection for in-house subcontracting under the Occupational Safety and Health Act

Na, Min-oh 1

1산업안전보건연구원

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ABSTRACT

In-house subcontracting, unlike general contracting contracts, is subject to subcontractor-managed workplace, so there is a limit to the recipient's safety and health measures. The Article 63 of the Occupational Safety and Health Act provided contractors with the obligation to manage and maintain the risks incurred in their workplace. This includes the obligation to implement safety and health measures in areas affecting the workers of the recipient, as well as the workers employed by the contractor. In addition, The Article 66 of the Occupational Safety and Health Act provides contractors with comprehensive management and supervision over the risks arising in the workplace by providing contractors to take corrective action against contractors when the recipients and their workers violate the Occupational Safety and Health Act. The Article 63 and 66 of the Occupational Safety and Health Act makes a duty for contractors to provide safe workplaces to recipients, and to supervise the implementation of the recipient's duty to ensure safety. Therefore, it can be considered that the contractor bears the duty to care for the safety of the recipients. In the study, a method was proposed to reflect the contractor's Obligations of safety consideration to the recipients in the Occupational Safety and Health Act based on the safety care obligations in the contract. In addition, it was reviewed whether the contract's safety-related obligations can be recognized for the workers of recipients who do not have a direct contract relationship with contractors. Workers of recipients have no direct contract relationship with contractors, making it difficult to recognize safety obligations. In line with that, the Article 63 of the Occupational Safety and Health Act does not stipulate that contractors are obliged to provide safety and health measures to workers of recipients. It stipulates that contractors provide safe places for recipients based on their control over their workplace(management ability), and contractors are obliged to oversee the implementation of the recipient’s duty to ensure safety at their workplace. Therefore, the Article 63 of the Occupational Safety and Health Act does not create contractual rights for contractors to request recipients to fulfill their obligations. However, workers of recipients can claim it if damages occur due to illegal acts owing to the contractor's violation of the Occupational Safety and Health Act.

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